In Assam, we aim to equip a vast and qualified citizenry, lawyers, volunteers, paralegals and all citizens with accurate and adequate legal knowledge to navigate and negotiate the complex citizenship imbroglio. Apart from the 1.9 million (19,06,657) people and their siblings and families excluded from the final list of the National Register of Citizens (NRC), there are at least another 1,17,000 persons who have been 'Declared Foreigners' by Foreigners' Tribunals, and around 1,13,000 marked 'D Voters' by the Election Commission. The affected population is so large, that without the widespread involvement of community and district volunteers, trained with the legal wherewithal, there is no way that the spectre of statelessness can be fought.
At CJP, we believe in sharing this valuable resource freely, so that anyone who wants or needs it, has ready and free access to it. We hope by making these resources public, we can inspire many others to join our efforts to protect and defend the rights of our fellow Indians in Assam.
Understanding Jurisprudence on Citizenship in Assam
[ UPCOMING ]
CJP is urging people to understand, organise and fight back democratically. Arm yourself with the knowledge to fight back with our FAQs, booklets and other material explaining the Citizenship conundrum.
Gauhati HC Judgments on FTs
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A. Judgments Cited in the Analysis Table
- 20211124 Rajendra Das and others vs UoI WP-C 8295_2019
- 20210909 Gauhati HC Citizenship important right (Asor Uddin) WP-C 6544_2019
- 20210715 Gauhati HC on Jurisdiction (Golapi Begum) WP-C 2434_2020
- 20210720 Gauhati HC Citizenship should be on merit (Sefali Rani Das) WP-C 206_2018
- 20211110 Pushpa Rani Dhar vs UoI WP-C 114_2018
- 20220408 Gauhati HC Citizenship should be on basis of merit (Rahima Khatun) WP-C 8284_2019
- 20210129 Nasima Begum vs UoI WP-C 8838_2019
- 20190906 Muzibur Rehman vs UoI WP-C 6404_2019
- 20191220 Gauhati HC on ex parte FT orders (Bijoy Kumar Das) WP-C 6927_2019
- 20200212 Munindra Biswas vs UoI WP-C 7426_2019
- 20200218 Nur Begum vs UoI WP-C 1900_2019
- 20200219 Pratap Sakharu vs UoI WP-C 6594_2019
- 20200228 Sahinur Islam vs UoI WP-C 7818_2019
- 20200227 Idrish Ali vs UoI WP-C 4116_2019
- 20220111 Mainul Hoque vs UoI WP-C 193_2022
- 20211214 Gauhati HC Order to Foreigner to apply under CAA (Bablu Paul) WP-C 7229_2017
- 20210324 Sona Khan vs UoI WP-C 1293_ 2021
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B. Other Judgments Cited
- 20180529 Rukia Begum vs UoI 2018 WP-C 6344_2016
- 20100511 UoI vs R Gandhi President Madras Bar Assn Civil Appeal 3067_2004
- 20190517 Abdul Kuddus Vs. Union of India [2019 6 SCC 604]
- 20220218 T Takano vs SEBI Civil Appeal 487-488 of 2022
- 20210506 Gauhati HC seeks data of children in Detention Camps PIL (Suo Moto) 4_2020
- 20210510 Gauhati HC order to release all persons detained for more than 2 years in Detention Camps (Samsul Hoque - Covid) WP-C 6056_2019
- 20210510 Gauhati HC extends Covid bail till May 31 PIL (Suo Moto) 3_2021
- 20210511 Gauhati HC seeks info on female FT inmates and children PIL (Suo Moto) 4_2020
- 20210519 Gauhati HC Forward List of Female FT inmates and Children PIL (Suo Moto) 4_2020
- 20210531 Gauhati HC Order extending interim orders (Covid) PIL (Suo Moto) 3_2021
- 20210715 Gauhati HC sets aside order declaring dead man foreigner (Papu Roy) WP-C 1093_2021
- 20211213 Gauhati HC Res Judicata Applicable in FT (Hasina Bhanu) WP-C 6727_2021
- 20220120 Gauhati HC 482 inherent juris for foreigner (Md. Amir Khan) Cr Petition 128_2020
- 20210322 Gauhati HC restores citizenship of (Bulbuli Bibi) WP-C 7810_2019
- 20210330 Haider Ali vs UoI WP-C 1818_2019
- 20170403 FT Order by Ujjal Bhuyan in Santosh Das case WP-C 7551_2016
- 20191125 Gauhati HC denies bail to Khairan Nessa WP-C 5989_2019
- 20210409 Chenbhanu Begum vs UoI WP-C 5223_2020
- 20210409 Uttam Chakraborty vs UoI WP-C 5226_2020
- 20200217 Sahera Khatun vs UoI WP-C 7482_2019
ANALYSIS OF JUDGEMENTS POST 2019
Resources
I. Acts Laws and Orders
II. History and Background of Foreigners/Citizenship Issue
- The Assam Accord, August 15, 1985: Signed by PK Mahanta, All Assam Students Union (AASU) RD Pradhan, then home secretary, India, BK Phukan, general secretary AASU, Biraj Sharma, All Assam Gana Sangram Parishad, PP Trivedi, then chief secretary Assam in the presence of Shri Rajiv Gandhi, Prime Minister of India.
- Report of the Lt Gen SK Sinha, Governor of Assam, on "Illegal Migration into Assam" presented to the President on 8.11.1998
- White Paper on Assam, prepared by the Home & Political Department of Assam, 20.10.2012
- Note on Updation of NRC Process and Filing of Appeals before Tribunals
- Administrative Report 1951 Census
- Report of the Committee on Implementation of Clause -VI
III. Election Laws and Citizenship (Key Judgements)
IV. Sarbananda Sonowal Judgements (2005,2007)
V. Imp Other Judgments on Citizenship (1946, 1955, 1983 Laws)
- Foreigners Act, 1946) State of Gujarat v. Yakub Ibrahim (1974)
- (Citizenship Act, 1955)Khudiram Chakma v Union of Territory of Arunachal Pradesh (1992)
- Citizenship Act, 1955)State of Arunachal Pradesh v Khudiraam (1993)
- Foreigners Act, 1946)Manmohan Paul v. Foreigners Tri (2003)
- Citizenship Act, 1955)K Krishna MA Raihany v UOI (2007)
- Foreigners Act, 1946)Nathu Ram Biswas v. UOI (2009)
- IMDT Act, 1983) Rezia Khatoon from GHC (1) (2013)
- IMDT Act, 1983) Rezia Khatoon from GHC online (2)(2007)
- Nasima Begum vs Union of India (Gauhati HC on School Leaving Certificate - Para 6 and 7)
- Santosh Das vs Union of India (Gauhati HC on FT jurisdiction)
- Golapi Begum vs Union of India (Gauhati HC on FT jurisdiction)
- Shefali Rani Das vs UOI (Gauhati HC on ex parte orders by FTs)
- Mariam Khatoon vs State of Bihar (April 7-2021 order of Patna HC on Detention Camp sn Jail premises)
- Mariam Khatoon vs State of Bihar (April 26-2021 order of Patna HC on Detention Camp sn Jail premises)
- Papu Roy vs UoI (Gauhati HC on declaring a dead man as a foreigner)
- Asor Uddin vs UoI (Gauhati HC order against ex parte judgments by FTs)
FT Orders and Opinions
VI. Moslem Mandal & Evidence Act related Judgments mentioned in Moslem Mondal
- Moslem Mondel v/s Union of India (1.2.2010)
- Review Petition 22 of 2010 in Moslem Mondel Case
- 1995 SCC (3) 100 Lal Babu Hussain v/s Electoral Registration Officer
- Bhanwaroo Khan v UOI TP_2002
- Babloo Pasi v State of Jharkhand TP_2008_13_scc_133_144
- Collector of Customs vs D. Bhoormall TP_1974_2_scc_544_558
- Kumbhan Lakmanna v Tangirala Vekateswarlu TP_1949_62_lw_684_700
- Narayan Govind Gavate vs State of Mah TP_1977_1_scc_133_150
- Shambhu Nath Mehra v State of Ajmer J_1956_SCR_199_AIR_1956_SC_404_1956
- Standard Chartered Bank v Andra Bank TP_2006_6_scc_94_144
- State of WB vs Mir Mohd Omar TP_2000_8_scc_382_394
- UOI v Ghaus Mohd J_1962_1_SCR_744
VII. NRC related Orders Circulars Judgements SOPs and Modalities
Gauhati High Court Judgements
- 20180502 GauhatiHCorderSiblingsFamilyMembers-WPC-360-of-2017
- 20180622 Gauhati HC Order on Siblings NRC
- 20190607 Gauhati HC Bail Order Sana Ullah
- 20200227 Gauhati HC Idrish Ali Order
NRC SOPs and Modalities
- 2003 NRC Rules 2003
- SOP Modalities-Claims & Objections
- SOP offline NRC draft correction
- Family Tree Detail submission for Error Free NRC
- Guidelines for Disposal of Claims emanating out of Additional Draft Exclusion List under Clause 4_3
- 20181122 NRC Order on Women and Children
- 20181201 SOP for Claims and Objections – collection determination of Additional Information of Claimants
- 190624 Standard Operating Procedure (SOP) for Publication of Additional Exclusion list
Prateek Hajela Orders
- 20171005 Circular on Inclusion Under Clause3-3
- 20171112 Circular on Inclusion Under Clause3-4
- 20171109 Operating Procedures
- 20171109 What are the Admissible Documents
- 20180501 Circular on Weak Documents
- 20180502 Circular on Siblings Family Members of DFs
- 20181201 Claims and Objections-Collection of Additional Information
- 20181213 NRC Notice about deadline extension
- 20190530 Letter to DRCR regarding strict compliance of HSC order
- 20190608 NRC circular on online and offline Corrections
- 20190806 Correction of particulars biz names etc. in Draft NRC
- 20190803 Instructions for Disposal of Hearings under Clause 4,5 & 6
- 20190803 Instructions for Disposal of Hearings under Clause 4,5 & 6
SC Orders (NRC Related)
- Compilation of NRC Directions and Observations by SC
- 20171205 SC Order GP Secy Certificate
- 20180816 SC Order on NRC Claims & Objections Modalities
- 20181101 SC Order 5 documents NRC
- 20181212 SC Order on Deadline Extension for Claims and Objections
- 20190205 SC Order NRC during Elections
- 20190410_SC Order on Proximity of Claims and Objections Hearings
- 20190410 SC Order No Harassment Claims Hearings
- 20190508 SC Order in NRC case 31 July deadline
- 20190530 SC Order on NRC & Foreigners Tribunal
- 20190723 SC Order NRC Deadline
VIII. Detention Camps
- NHRC Report on Detention Camps (Mission January 2018)
- Two SC Orders on Inhuman Conditions in Detention Camps in WP 105821/2018 dtd
- One SC Order in same matter in another petition in WP 1045/2018 on dtd 31.10.2018
- SC Legal Services Order in WP 1045/2018 on any person detained for more than three years to be released on a bond of Rs 1,00,000/-
- 20200413 SC revises own order on Release from Detention Camps
- 20200415 Guwahati High Court suo moto order on release of Detention Camp inmates due to Covid
- 20200106 SC Order on Children in Detention Camps
Paralegal Training Workshop
ASSAM, Aug 22-24, 2019
From August 21 to 23, 2019, Citizens for Justice and Peace (CJP) conducted a three-day workshop in Guwahati where legal scholars and practicing lawyers helped equip local, district level lawyers and paralegal volunteers with in-depth skills and training to navigate the complex issue of citizenship after the publication of the list. Before and after that, since 2017, the vibrant CJP’s Team Assam has been conducting smaller and larger district level trainings in various parts of the state.
The workshop was top-lined by several legal luminaries including Ashish Dasgupta (legal scholar and senior advocate), HRA Choudhury (author, legal scholar and senior advocate, Gauhati High Court), Bijan Chandra Das (former Advocate General, Tripura), Bikash Ranjan Bhattacharyya (former Advocate General, Tripura), Mihir Desai (senior advocate, Mumbai High Court), Abdur Rahman Sikdar (senior advocate Gauhati High Court) and Mrinmoy Dutta (advocate, Gauhati High Court). The proceedings were conceptualized and conducted by Teesta Setalvad (Secretary, CJP) and Zamser Ali (State Coordinator, CJP). Eminent academicians such as Prof. Abdul Mannan (Gauhati University) and Amal Kanti Raha (former HOD of Bengali in Pandu College) also graced the workshop. Renowned economist Ananta Kalita (former Chairman, Board of Directors, State Bank of India), civil society member Hareshwar Barman (former member AASU, founding member Sanmilita Janogosthiya Sangram Samitee) and social activist Abdul Batin Khandakar also shared valuable insights. Many other legal eagles such as advocates Inam Uddin, Mul Hoque, Azizur Rehman and Mustafa Khaddam
Resources
I. Acts Laws and Orders
II. History and Background of Foreigners/Citizenship Issue
- The Assam Accord, August 15, 1985: Signed by PK Mahanta, All Assam Students Union (AASU) RD Pradhan, then home secretary, India, BK Phukan, general secretary AASU, Biraj Sharma, All Assam Gana Sangram Parishad, PP Trivedi, then chief secretary Assam in the presence of Shri Rajiv Gandhi, Prime Minister of India.
- Report of the Lt Gen SK Sinha, Governor of Assam, on "Illegal Migration into Assam" presented to the President on 8.11.1998
- White Paper on Assam, prepared by the Home & Political Department of Assam, 20.10.2012
- Note on Updation of NRC Process and Filing of Appeals before Tribunals
- Administrative Report 1951 Census
- Report of the Committee on Implementation of Clause -VI
III. Election Laws and Citizenship (Key Judgements)
IV. Sarbananda Sonowal Judgements (2005,2007)
V. Imp Other Judgments on Citizenship (1946, 1955, 1983 Laws)
- Foreigners Act, 1946) State of Gujarat v. Yakub Ibrahim (1974)
- (Citizenship Act, 1955)Khudiram Chakma v Union of Territory of Arunachal Pradesh (1992)
- Citizenship Act, 1955)State of Arunachal Pradesh v Khudiraam (1993)
- Foreigners Act, 1946)Manmohan Paul v. Foreigners Tri (2003)
- Citizenship Act, 1955)K Krishna MA Raihany v UOI (2007)
- Foreigners Act, 1946)Nathu Ram Biswas v. UOI (2009)
- IMDT Act, 1983) Rezia Khatoon from GHC (1) (2013)
- IMDT Act, 1983) Rezia Khatoon from GHC online (2)(2007)
- Nasima Begum vs Union of India (Gauhati HC on School Leaving Certificate - Para 6 and 7)
- Santosh Das vs Union of India (Gauhati HC on FT jurisdiction)
- Golapi Begum vs Union of India (Gauhati HC on FT jurisdiction)
- Shefali Rani Das vs UOI (Gauhati HC on ex parte orders by FTs)
- Mariam Khatoon vs State of Bihar (April 7-2021 order of Patna HC on Detention Camp sn Jail premises)
- Mariam Khatoon vs State of Bihar (April 26-2021 order of Patna HC on Detention Camp sn Jail premises)
- Papu Roy vs UoI (Gauhati HC on declaring a dead man as a foreigner)
- Asor Uddin vs UoI (Gauhati HC order against ex parte judgments by FTs)
FT Orders and Opinions
VI. Moslem Mandal & Evidence Act related Judgments mentioned in Moslem Mondal
- Moslem Mondel v/s Union of India (1.2.2010)
- Review Petition 22 of 2010 in Moslem Mondel Case
- 1995 SCC (3) 100 Lal Babu Hussain v/s Electoral Registration Officer
- Bhanwaroo Khan v UOI TP_2002
- Babloo Pasi v State of Jharkhand TP_2008_13_scc_133_144
- Collector of Customs vs D. Bhoormall TP_1974_2_scc_544_558
- Kumbhan Lakmanna v Tangirala Vekateswarlu TP_1949_62_lw_684_700
- Narayan Govind Gavate vs State of Mah TP_1977_1_scc_133_150
- Shambhu Nath Mehra v State of Ajmer J_1956_SCR_199_AIR_1956_SC_404_1956
- Standard Chartered Bank v Andra Bank TP_2006_6_scc_94_144
- State of WB vs Mir Mohd Omar TP_2000_8_scc_382_394
- UOI v Ghaus Mohd J_1962_1_SCR_744
VII. NRC related Orders Circulars Judgements SOPs and Modalities
Gauhati High Court Judgements
- 20180502 GauhatiHCorderSiblingsFamilyMembers-WPC-360-of-2017
- 20180622 Gauhati HC Order on Siblings NRC
- 20190607 Gauhati HC Bail Order Sana Ullah
- 20200227 Gauhati HC Idrish Ali Order
NRC SOPs and Modalities
- 2003 NRC Rules 2003
- SOP Modalities-Claims & Objections
- SOP offline NRC draft correction
- Family Tree Detail submission for Error Free NRC
- Guidelines for Disposal of Claims emanating out of Additional Draft Exclusion List under Clause 4_3
- 20181122 NRC Order on Women and Children
- 20181201 SOP for Claims and Objections – collection determination of Additional Information of Claimants
- 190624 Standard Operating Procedure (SOP) for Publication of Additional Exclusion list
Prateek Hajela Orders
- 20171005 Circular on Inclusion Under Clause3-3
- 20171112 Circular on Inclusion Under Clause3-4
- 20171109 Operating Procedures
- 20171109 What are the Admissible Documents
- 20180501 Circular on Weak Documents
- 20180502 Circular on Siblings Family Members of DFs
- 20181201 Claims and Objections-Collection of Additional Information
- 20181213 NRC Notice about deadline extension
- 20190530 Letter to DRCR regarding strict compliance of HSC order
- 20190608 NRC circular on online and offline Corrections
- 20190806 Correction of particulars biz names etc. in Draft NRC
- 20190803 Instructions for Disposal of Hearings under Clause 4,5 & 6
- 20190803 Instructions for Disposal of Hearings under Clause 4,5 & 6
SC Orders (NRC Related)
- Compilation of NRC Directions and Observations by SC
- 20171205 SC Order GP Secy Certificate
- 20180816 SC Order on NRC Claims & Objections Modalities
- 20181101 SC Order 5 documents NRC
- 20181212 SC Order on Deadline Extension for Claims and Objections
- 20190205 SC Order NRC during Elections
- 20190410_SC Order on Proximity of Claims and Objections Hearings
- 20190410 SC Order No Harassment Claims Hearings
- 20190508 SC Order in NRC case 31 July deadline
- 20190530 SC Order on NRC & Foreigners Tribunal
- 20190723 SC Order NRC Deadline
VIII. Detention Camps
- NHRC Report on Detention Camps (Mission January 2018)
- Two SC Orders on Inhuman Conditions in Detention Camps in WP 105821/2018 dtd
- One SC Order in same matter in another petition in WP 1045/2018 on dtd 31.10.2018
- SC Legal Services Order in WP 1045/2018 on any person detained for more than three years to be released on a bond of Rs 1,00,000/-
- 20200413 SC revises own order on Release from Detention Camps
- 20200415 Guwahati High Court suo moto order on release of Detention Camp inmates due to Covid
- 20200106 SC Order on Children in Detention Camps